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February 26, 2015

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Erik Scott family drops Costco from federal lawsuit


Sam Morris / Las Vegas Sun

Metro crime scene investigators, officers and detectives mill about the entrance of the Costco store in Summerlin after the shooting July 10, 2010.

The family of Erik Scott, who was shot and killed by Metro Police outside a Summerlin Costco store in July, has dropped the business from its federal lawsuit, family attorney Ross Goodman said Monday night.

Goodman said he believes the federal case against Metro Police and Clark County is stronger than the case against Costco. But Goodman said Costco and the Scott family could still meet in court.

“The Scott family has preserved the right to hold Costco accountable in state court within the two-year statute of limitations,” he said.

The lawsuit, filed in U.S. District Court for Nevada on Oct. 28, originally named as defendants the Las Vegas Metropolitan Police Department, Sheriff Doug Gillespie, officers William Mosher, Joshua Stark and Thomas Mendiola, as well as Costco Wholesale Corp. and Costco security officer Shai Lierly. The lawsuit will move forward against Metro officials and the police department.

The three officers shot and killed Scott on July 10 outside Costco after authorities say he pointed a gun at an officer. A Clark County coroner’s inquest jury ruled in September after six days of testimony that the three officers were justified in the shooting.

The suit alleges there have been "numerous prior incidents in which Metro officers engaged in unreasonable seizures and the use of excessive, including lethal, force," and claims Gillespie has acted with "deliberate indifference" in failing to adequately train, supervise and discipline officers concerning unreasonable seizures and the use of excessive force.

Metro's policy is not to comment on litigation.

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  1. scott family is f%$$#king nuts to sue costco. losers.

  2. Unsubstantiated comments from anyone not standing in the Scott family's shoes are merely guesses too. This situation should be looked at without prejudice. There are lessons to be learned. Ultimately it could and should benefit all Law Enforcement from a training stand point. In the end, the actions of the LVMPD may be modified which may save someone else's life in the future. I'm sure they did what they thought was necessary at the time, but that does not mean nor guarantee that the training and procedures currently employed are optimal. BTW, I would call anyone's prediction or speculation about an LVMPD officer at Ms. Giffords town meeting unsubstantiated because there is no evidence to accurately show what would have happened.

  3. Well, half the spurious suit is down the drain. That's good. The lesson here? Simple. Don't wave a gun in a police officer's face, don't threaten him/her, obey his/hers orders and live to file a complaint if he/she wronged you, then get on with the rest of your life.

  4. z-white-knight

    Get over it aleady. The family has rose colored glasses on and all they can see is $$$$$. Their son had problems and died because of attitude, not because Metro is trigger happy. They are in denial.

    Get over it. The family will lose.

  5. where is the girlfriend and why is she hiding? will she blow the scott family law suit to smithereens?

    Agree. Where was she at the inquest? And yes - she was and is the KEY WITNESS. Her testimony will be detrimental to the family's lawsuit.

  6. pmmart. I don't think Walt Cannon is much cheaper than whomever Costco would have hired. You might want to call his office and see how much he gets paid to defend these lawsuits. You might be surprised at how much he makes and how long he's been doing it. Frankly, if you carry a concealed weapon, cause a disturbance in a private business and during the course of that disturbance an employee observes you have that weapon, it is reasonable for that person to suspect that behavior may escalate. Mr. Scott's blatantly aberrant behavior instigated this incident and that's the gravamen of the defense under any circumstances. You can spin the facts any way you want but if he hadn't been ripping open packages in the store and caught the attention of the employees there would have been no incident. But for Mr. Scott's aberrant behavior in the Costco he would have survived the trip.

  7. If you point a weapon at a police officer "Whatta ya going to get" . Duh!
    Sounds like a group of losers looking for freebie.

  8. I went to Costco today, I had my membership card, wallet, money and car keys on me, no gun. One never needs a gun to go shopping. I'm not anti gun, but just because one has a ccw permit, doesn't mean you need to carry it with you all the time. And the middle "C" in ccw is "CONCEALED", which aparently it wasn't. I'm sorry for the family's loss, but find no fault with law enforcement, or Costco on this one. One needs to be responsible with their guns 100% of the time, merely continuing to hold it and waving it around after being told to drop it, is not responsible.
    I for one always feel safer when a Metro officer is around.

  9. Maybe she didn't show up because she was never served to appear? Did you not hear them when they said they never physically served her?

    This always bothered me: SHE was the KEY witness to what happened and if memory serves correctly, the Scott Family attorneys were flippant about her whereabouts, etc. and that was why she wasn't served by EITHER side. THEY knew damn well where she was and she could have been served. I believe they said these things because their whole case would go to hell if they put the girlfriend on the stand at the inquest. And in this next matter, if she is called to testify, she will HAVE to attend or be found in contempt. My guess is she will mysteriously disappear again.